Custodial placement in a secure care institution
If it concerns a custodial placement in a secure care institution, a couple of conditions need to be met before the court grants authorisation, namely (Article 6.1.2 paragraph 2 Jeugdwet):
- The minor has serious growing up or parenting problems that severely hinder his or her development to adulthood, and
- to prevent the minor from evading youth assistance, or
- to prevent that others evade the minor from youth assistance.
A custodial placement in a secure care institution is the most far-reaching measure in the youth law system. A minor is not only separated from his or her parent(s) but is also placed in an institution where the minor's freedom is restricted.
It is, of course, very important that if possible a custodial placement in a secure care institution is prevented and if this cannot be prevented anymore, that the authorization for custodial placement in a secure care institution is imposed conditionally and for just for a short period of time. In case of a conditional authorization, which according to Berte Advocaten should be granted more often, conditions will be drawn up, such as going to school and following treatment, to which the minor agrees. As long as the conditions are met, the minor will not be placed in a secure care institution.
Based on the circumstances of the specific case, the judge has to determine if the objective can also be achieved via a less intrusive measurement. This does not mean that all other measurements should be tried first. However, the family court should pay attention to the less far-reaching measurements that can be taken and should also discuss these less intrusive alternatives.
Our family law specialists can assist you if you are dealing with a request for custodial placement and inform you about your rights, the rights of your minor and what you can do to prevent the custodial placement or at least to make sure that the custodial placement does not last longer than necessary. Together with you we will go for the best possible result. Do you want to know what we can do for you? Register your case via the form on this website or contact us by phone.